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CREASY v. STEVENS

Civ. A. Nos. 13672, 13841.

160 F.Supp. 404 (1958)

J. K. CREASY, William W. McNamee, Frank Ranallo, A. W. Tuiccillo, Ed Kleeman and R. G. Cummiskey, on behalf of themselves and other property owners and lessees similarly situated, Plaintiffs, v. Lewis M. STEVENS, Secretary of Highways of the Commonwealth of Pennsylvania, and George M. Leader, Governor of the Commonwealth of Pennsylvania, Defendants. Jack C. MARSHELL and Alice E. Marshell, Plaintiffs, v. Lewis M. STEVENS, Secretary of Highways of the Commonwealth of Pennsylvania, and George M. Leader, Governor of the Commonwealth of Pennsylvania, Defendants.

United States District Court W. D. Pennsylvania.

March 19, 1958.

Attorney(s) appearing for the Case

A. E. Kountz, Edward P. Good, Kountz, Fry & Meyer, Pittsburgh, Pa., for plaintiffs.

Leonard Mendelson, Pittsburgh, Pa., for defendants.

Before: Staley, Circuit Judge, Marsh, District Judge, Miller, District Judge.

MARSH, District Judge.

The plaintiffs in these actions before a statutory court1 seek to have a statute of the Commonwealth of Pennsylvania, Act of 1945, May 29, P.L. 1108, § 1 et seq., as amended, 36 Purdon's Pa.Stat. Ann. § 2391.1 et seq. (hereinafter referred to as "statute"), as applied to them, declared violative of the Constitution of the United States, and to have the defendants, the Governor and Secretary of Highways...

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